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Publications

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August 26, 2026

IRS Proposes Standardized Rollover Forms and Process to Facilitate Plan-to-Plan Transfers

Employee Benefits and Executive Compensation Alert
August 13, 2026

SEC Proposes Regulation E-Delivery: Practical Implications

Cross-Border Capital Markets Alert

Part 3 of a 3-Part Series

August 6, 2026

SEC Proposes Regulation E-Delivery: How Will E-Delivery Work?

Cross-Border Capital Markets Alert

Part 2 of a 3-Part Series

July 29, 2026

SEC Proposes Regulation E-Delivery: Default Electronic Delivery for Federal Securities Law Communications

Cross-Border Capital Markets Alert

Part 1 of a 3-Part Series

July 22, 2026

Not Over Yet?: Drug Manufacturers Eye Potential Circuit Split on Federal Drug Pricing Program

The National Law Journal
July 22, 2026

The Growing Antitrust Risks Of AI Pricing For Health Insurers

Law360
July 14, 2026

IRS Clarifies Application of the Non-Profit $1 Million Tax Post-OBBBA

Employee Benefits and Executive Compensation Alert
July 1, 2026

Retention of Bankruptcy Professionals: Court Concludes that a Debtor’s First Cousin Is Not a “Relative” and Thus Not an “Insider”

The Bankruptcy Strategist
June 5, 2026

Don't Cry for the Voting Rights Act. We Can Fix It by Ending Partisan Gerrymandering

The National Law Journal
May 7, 2026

New Executive Order Regarding IRA Enhancements

Employee Benefits and Executive Compensation Alert
May 6, 2026

Insider Trading Safeguards Can Mitigate Sports Betting Risk

Law360
May 4, 2026

Employment Law Compliance for Start-Ups

Founder Focus Alert
April 30, 2026

Arbitration and Bankruptcy: Can a Debtor that is Party to an Arbitration Agreement Lack Authority to Arbitrate Core Bankruptcy Claims?

The Bankruptcy Strategist
April 22, 2026

Department of Labor Proposes New Safe Harbor for Fiduciary Investment Selection in Participant-Directed Retirement Plans

Employee Benefits and Executive Compensation Alert
April 22, 2026

Fresenius Ruling May Shift Anti-Kickback Enforcement

Law360
April 10, 2026

Ninth Circuit Finds First Amendment Right to Donate to Patient Assistance Charities, With Possible Impact on Enforcement of Federal Anti-Kickback Statute

Litigation Alert
March 30, 2026

The Administration Is Illegally Firing Court-Appointed US Attorneys

The National Law Journal
March 26, 2026

Executive Order Addressing Anticompetitive Behavior In The Food Supply Chain Provides Insight On The Trump Administration’s Antitrust Enforcement Priorities

Competition Policy International
March 25, 2026

New York Legal Malpractice Cases Need Clear Causation Standards

Bloomberg Law
March 24, 2026

How to (Bench) Press an Opening Argument

American Bar Association's Antitrust Magazine
March 24, 2026

I Beg Your Pardon

Pretend Podcast
March 18, 2026

New York State – Mandatory Auto-IRA Program

Employee Benefits and Executive Compensation Alert
March 17, 2026

New York Proposal to Tax QSBS Gains

Founder Focus Alert
March 16, 2026

High Court's Hain Ruling Undermines Diversity Jurisdiction

Law360
March 12, 2026

What Does it Take for a Rogue Prosecutor to be Disbarred?

New York Law Journal
March 9, 2026

SEC Grants Targeted Exemption from Section 16(a) to Directors and Officers of Certain Foreign Private Issuers

Cross-Border Capital Markets Alert
March 9, 2026

U.S. Department of Labor Issues a New Proposed Rule on the Method for Classifying Workers as “Independent Contractors” Under the Fair Labor Standards Act

Employment Law Alert
March 5, 2026

IRS Issues Updated 402(f) Safe Harbor Rollover Notices Reflecting SECURE 2.0

Employee Benefits and Executive Compensation Alert
February 19, 2026

Trivia Competition Makes Me a Better Lawyer

Law360
February 18, 2026

The Fourth Circuit Rejects Facial Challenges to Executive Orders Addressing DEI Initiatives and Programs

Employment Law Alert
February 5, 2026

SEC Staff Relaxes 20 Business Day "Broker Search" Requirement for Proxy Solicitations

Cross-Border Capital Markets Alert
February 3, 2026

Website Accessibility Litigation Surges in New York as Defendants Refine Early-Stage Strategies

New York Law Journal
January 26, 2026

Bridging Section409A And Gift Tax Valuations

Wealth Management
January 8, 2026

Directors and Officers of Foreign Private Issuers Now Subject to Section 16(a) Reporting Requirements

Cross-Border Capital Markets Alert
January 7, 2026

Avoiding Trade-Secret Allegations During a Founder Transition

Founder Focus Alert
January 6, 2026

The Uncertain Fate of Algorithmic Pricing: RealPage’s Legal Battles Continue With Antitrust Settlements And A Preliminary Injunction

January 1, 2026

Judge Blasts Defendant for Ignoring Discovery Obligations and More

The Bankruptcy Strategist
December 17, 2025

There Are Limits to Congress’s Investigatory Powers

Business Crimes Bulletin
December 12, 2025

Preview of Expected Guidance for Employers on “Trump Accounts” and Upcoming Regulations Announced

Employee Benefits and Executive Compensation Alert
November 11, 2025

New York City Expands Safe and Sick Leave Law and Narrows Temporary Schedule Change Obligations

Employment Law Alert
October 31, 2025

Federal Circuit Holds That Patentee’s Disavowal of Claim Construction Warrants Reversal of Summary Judgment

The Intellectual Property Strategist
October 31, 2025

Founder Focus on Valuing Private Shares

Founder Focus Alert
October 2, 2025

Nasdaq Proposes Changes to Initial and Continued Listing Standards

Cross-Border Capital Markets Alert
October 1, 2025

Ninth Circuit Rules that Decision Reimposing the Automatic Stay is Immediately Appealable

The Bankruptcy Strategist
September 29, 2025

Administration Actions Targeting Domestic Terrorism and Their Implications for Nonprofits

Tax-Exempt Organizations Alert
August 31, 2025

Federal Circuit: Board Erred in Finding No Likelihood of Confusion Between KIST and SUNKIST Marks

The Intellectual Property Strategist
August 21, 2025

Pooled Employer Plans: DOL Issues New Interpretive Guidance and Tips for Employers

Employee Benefits and Executive Compensation Alert
August 15, 2025

DOL Begins to Act Under the New Executive Order Aimed to Increase Alternative Investments in Retirement Plans

Employee Benefits and Executive Compensation Alert

Page 1 of 18

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Firm Highlights

Publication
SEC Proposes Regulation E-Delivery: Practical Implications
On July 16, 2026, the U.S. Securities and Exchange Commission (the “SEC” or “Commission”) proposed Regulation E-Delivery[i], a new regulatory framework that would permit covered entities to deliver required information to investors and other recipients electronically as the default method, without first obtaining affirmative consent. Comments on the proposal are due September 21, 2026, and the Commission proposes a two-year compliance period following any final rule adoption. In Part 1 of this series, we provided an overview of proposed Regulation E-Delivery and defined its key concepts, including covered entities, covered information, and covered recipients. In Part 2, we explained how electronic delivery would function under the proposed rule. In Part 3, we address the practical implications and the potential economic impact...
Publication
SEC Proposes Regulation E-Delivery: How Will E-Delivery Work?
On July 16, 2026, the U.S. Securities and Exchange Commission (the “SEC” or “Commission”) proposed Regulation E-Delivery[i], a new regulatory framework that would permit covered entities to deliver required information to investors and other recipients electronically as the default method, without first obtaining affirmative consent. In Part 1 of this 3-Part series, we provided an overview of proposed Regulation E-Delivery and defined its key concepts, including covered entities, covered information, and covered recipients. In this Part 2, we provide a high-level overview of how electronic delivery as proposed under Regulation E-Delivery is expected to function. In Part 3, we will address the practical implications Regulation E-Delivery is expected to have on covered entities. How Electronic Delivery is Expected to Work Electronic Address and...
Firm News
Firm Achieves Appellate Victory on Behalf of Gilead Sciences
On August 13, 2026, Patterson Belknap secured a significant appellate victory for our client, Gilead Sciences, Inc. (“Gilead”), in a trademark lawsuit brought to stop the alleged illegal importation and sale in the United States of international, non-FDA-approved Gilead medicines. The Court of Appeals for the Fourth Circuit affirmed the district court’s issuance of a preliminary injunction against all defendants in the action, enjoining them from violating Gilead’s trademark rights by importing or facilitating the importation of these foreign medicines through illicit and potentially unsafe channels. The lawsuit was initially filed in the U.S. District Court for the District of Maryland in December 2024, after Gilead received a report from a concerned physician that a Maryland patient had received through the mail...
Blog Post
SEC Enforcement Launches New Financial Reporting and Accounting Unit
On August 5, 2026, the Securities and Exchange Commission announced its most recent step in its shift of enforcement priorities with the establishment of a new Financial Reporting and Accounting Unit.[1] According to the SEC’s press release, the Unit will operate within the Enforcement Division as a central resource for all SEC divisions pursuing financial reporting fraud as well as broader efforts.[2] This move is the latest in Chair Atkin’s efforts to “retur[n] the agency to its core mission of protecting investors; facilitating capital formation; and maintaining fair, orderly, and efficient markets.”[3] Commenting on the new unit’s launch, David Woodcock, Director of the Agency’s Enforcement Division, stated: Since my return to the Division, I have been assessing every aspect of our staffing to...
Blog Post
AI Companies Find Value in Bankrupt Companies
Spirit Airlines filed for bankruptcy in November 2024 and, after emerging from bankruptcy, filed again in August 2025. During the second case, the company tried to find a way to keep the airline in business but to no avail. In May 2026, Spirit Airlines pivoted towards a wind-down and ceased operations. This summer, as a part of its wind-down, Spirit Airlines began marketing its remaining assets. It had plenty of traditional assets to sell. For example, the debtors’ bid procedures motion filed in May 2026 listed the following assets: takeoff and landing slots at LaGuardia Airport; aircraft hangar(s); corporate headquarters; training center; multi-family residential buildings; ground service equipment; spare engines; flight simulators; aircraft maintenance equipment; and assets related to the...
Event
Clint Morrison to Speak at Kisaco Research's 2026 Trade Secret Legal Protection North America Conference
On Monday, September 14, Partner Clint Morrison will speak on a panel at Kisaco Research's 2026 Trade Secret Legal Protection North America Conference titled "Reverse Engineering and Trade Secret Misappropriation: Where Courts are Drawing the Line." Mr. Morrison will join Carl Alexander Dinges (Partner, Bonabry), Eda Stark (Global IP Transactions & Litigation Managing Counsel, Olympus), and Victoria Cundiff (Adjust Professor, University of Pennsylvania Carey Law School) to discuss when a reverse engineering defense may be helpful, and how recent decisions have brought the defense under the spotlight. To learn more, please click here.
Event
Firm Partners to Speak at Kisaco Research's 2026 Pharma & Biotech Patent Litigation North America Conference
On Tuesday, September 15, Partners Andrew D. Cohen and Lachlan S. Campbell-Verduyn will moderate a roundtable discussion at Kisaco Research's 2026 Pharma & Biotech Patent Litigation North America Conference titled "Formulation, Delivery, and Route-of-Administration Patents." Dr. Cohen and Dr. Campbell-Verduyn will explore how branded and biosimilar companies build, litigate, and defend formulation and delivery patents as core composition claims expire and these assets become the last line of exclusivity. To learn more, please click here.
Firm News
Firm Secures Complete Patent Litigation Victory on Behalf of J&J
On August 31, 2026, Patterson Belknap secured a victory on behalf of Janssen Pharmaceuticals, Inc. (a subsidiary of Johnson & Johnson) in a Hatch-Waxman patent infringement litigation relating to Spravato®, its blockbuster esketamine nasal spray approved for the treatment of treatment-resistant depression and major depressive disorder with suicidal ideation. This litigation was initiated after an ANDA filing by Sandoz, Inc. (“Sandoz”) in 2023, seeking FDA approval for its generic version of Spravato. Janssen asserted that Sandoz’s proposed generic product would infringe certain claims of U.S. Patent Nos. 11,446,260, 10,869,844; 11,173,134; and 11,311,500.  Sandoz counterclaimed for declaratory judgment that each of the asserted patent claims was invalid under 35 U.S.C. §103 and/or § 112.  On August 31, 2026, the U.S. District...
Blog Post
Fees Recoverable by Oversecured Creditors in Bankruptcy: The Application of Code Sections 506(b) and 502(b)
Bankruptcy Code section 506(b) entitles an oversecured creditor to post-petition interest and reasonable fees and other charges. Are a creditor’s pre-petition charges also subject to a court’s view of what is reasonable? Courts are split on this issue. A judge in New York recently explained why, in his view, reasonableness is not the right standard for the pre-petition portion of a claim. Pre-petition charges should be determined by applicable state law and not a judge’s analysis of what is reasonable. In re 1300 Desert Willow Road, LLC, No. 25-11375, 2026 WL 2088511 (Bankr. S.D.N.Y. Jul. 20, 2026). The debtor is a single-asset real estate company. The creditor had loaned the debtor $20 million secured by a mortgage on real property. The debtor...
Publication
IRS Proposes Standardized Rollover Forms and Process to Facilitate Plan-to-Plan Transfers
The Internal Revenue Service (“IRS”) recently released Notice 2026-49 (the “Notice”), proposing sample forms and a standardized five-step process for rollovers to eligible retirement plans under Section 324 of the SECURE 2.0 Act. The proposed process is intended to simplify, standardize, facilitate, and expedite rollovers by shifting toward standardized, electronic, plan-to-plan processing. Use of the sample forms and procedures is currently optional, and the Notice does not provide safe harbors for plans that adopt them. Background The rollover process has long lacked uniformity, and has been burdened with inefficiencies and delays relating to the use of paper checks. The Government Accountability Office (“GAO”) reached similar conclusions in its 2013 and 2024 reports.[1] The Notice cites these concerns and explains that Section 324...
Publication
SEC Proposes Regulation E-Delivery: Practical Implications
On July 16, 2026, the U.S. Securities and Exchange Commission (the “SEC” or “Commission”) proposed Regulation E-Delivery[i], a new regulatory framework that would permit covered entities to deliver required information to investors and other recipients electronically as the default method, without first obtaining affirmative consent. Comments on the proposal are due September 21, 2026, and the Commission proposes a two-year compliance period following any final rule adoption. In Part 1 of this series, we provided an overview of proposed Regulation E-Delivery and defined its key concepts, including covered entities, covered information, and covered recipients. In Part 2, we explained how electronic delivery would function under the proposed rule. In Part 3, we address the practical implications and the potential economic impact...
Publication
SEC Proposes Regulation E-Delivery: How Will E-Delivery Work?
On July 16, 2026, the U.S. Securities and Exchange Commission (the “SEC” or “Commission”) proposed Regulation E-Delivery[i], a new regulatory framework that would permit covered entities to deliver required information to investors and other recipients electronically as the default method, without first obtaining affirmative consent. In Part 1 of this 3-Part series, we provided an overview of proposed Regulation E-Delivery and defined its key concepts, including covered entities, covered information, and covered recipients. In this Part 2, we provide a high-level overview of how electronic delivery as proposed under Regulation E-Delivery is expected to function. In Part 3, we will address the practical implications Regulation E-Delivery is expected to have on covered entities. How Electronic Delivery is Expected to Work Electronic Address and...
Firm News
Firm Achieves Appellate Victory on Behalf of Gilead Sciences
On August 13, 2026, Patterson Belknap secured a significant appellate victory for our client, Gilead Sciences, Inc. (“Gilead”), in a trademark lawsuit brought to stop the alleged illegal importation and sale in the United States of international, non-FDA-approved Gilead medicines. The Court of Appeals for the Fourth Circuit affirmed the district court’s issuance of a preliminary injunction against all defendants in the action, enjoining them from violating Gilead’s trademark rights by importing or facilitating the importation of these foreign medicines through illicit and potentially unsafe channels. The lawsuit was initially filed in the U.S. District Court for the District of Maryland in December 2024, after Gilead received a report from a concerned physician that a Maryland patient had received through the mail...
Blog Post
SEC Enforcement Launches New Financial Reporting and Accounting Unit
On August 5, 2026, the Securities and Exchange Commission announced its most recent step in its shift of enforcement priorities with the establishment of a new Financial Reporting and Accounting Unit.[1] According to the SEC’s press release, the Unit will operate within the Enforcement Division as a central resource for all SEC divisions pursuing financial reporting fraud as well as broader efforts.[2] This move is the latest in Chair Atkin’s efforts to “retur[n] the agency to its core mission of protecting investors; facilitating capital formation; and maintaining fair, orderly, and efficient markets.”[3] Commenting on the new unit’s launch, David Woodcock, Director of the Agency’s Enforcement Division, stated: Since my return to the Division, I have been assessing every aspect of our staffing to...
Blog Post
AI Companies Find Value in Bankrupt Companies
Spirit Airlines filed for bankruptcy in November 2024 and, after emerging from bankruptcy, filed again in August 2025. During the second case, the company tried to find a way to keep the airline in business but to no avail. In May 2026, Spirit Airlines pivoted towards a wind-down and ceased operations. This summer, as a part of its wind-down, Spirit Airlines began marketing its remaining assets. It had plenty of traditional assets to sell. For example, the debtors’ bid procedures motion filed in May 2026 listed the following assets: takeoff and landing slots at LaGuardia Airport; aircraft hangar(s); corporate headquarters; training center; multi-family residential buildings; ground service equipment; spare engines; flight simulators; aircraft maintenance equipment; and assets related to the...
Event
Clint Morrison to Speak at Kisaco Research's 2026 Trade Secret Legal Protection North America Conference
On Monday, September 14, Partner Clint Morrison will speak on a panel at Kisaco Research's 2026 Trade Secret Legal Protection North America Conference titled "Reverse Engineering and Trade Secret Misappropriation: Where Courts are Drawing the Line." Mr. Morrison will join Carl Alexander Dinges (Partner, Bonabry), Eda Stark (Global IP Transactions & Litigation Managing Counsel, Olympus), and Victoria Cundiff (Adjust Professor, University of Pennsylvania Carey Law School) to discuss when a reverse engineering defense may be helpful, and how recent decisions have brought the defense under the spotlight. To learn more, please click here.
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